Re-examining contract and unjust enrichment : : Anglo-Canadian perspectives / / edited by Paula Giliker.

• TeilnehmendeR: Giliker, Paula.
• Year of Publication: 2007
• Edition: 1st ed.
• Language: English
• Series: Nijhoff eBook titles 2007
• Physical Description: 1 online resource (372 p.)
• Notes: Description based upon print version of record.

This collection of essays addresses some of the fundamental questions facing the law of contract and of unjust enrichment in the twenty-first century from a comparative perspective. Leading academics from Canada and the United Kingdom analyse the nature and development of the principles of unjust enrichment, their relationship with contract and fiduciary obligations and their impact upon traditional contractual doctrines such as mistake, undue influence, frustration and the assessment of damages. The text provides an insightful, contemporary and provocative examination of this fast-developing area of law.

Table of Contents

Preliminary Material / Paula Giliker -- Chapter 1. Diverging or Converging the Ongoing Relationship of the Common Laws of England and Canada / Paula Giliker -- Chapter 2. The Relation between Contract and Unjust Enrichment byStephen Waddams / Paula Giliker -- Chapter 3. Unjust Factors, Juristic Reasons and Contracts in Anglo-Canadian Law / Mitchell Mcinnes -- Chapter 4. Mistake in Contract Law and in Unjust Enrichment / Kate Bracegirdle -- Chapter 5. No Longer Taken to Be Cognisant of the Law? Mistake of Law in Contract and Restitution in Canada and England / Catharine MacMillan -- Chapter 6. The Fiduciary Concept, Contract Law, and Unjust Enrichment: a Functional Comparison / Leonard I. Rotman -- Chapter 7. Drafting an Irish Frustrated Contracts Act: Lessons from British Columbia / Cliona Kelly -- Chapter 8. Once More Unto the Breach: Remedies for the Non-Payment of Insurance Claims after Blake / James Davey -- Chapter 9. Choice of Law for Void Contracts and Their Restitutionary Aftermath: the Putative Governing Law of the Contract / Adeline Chong -- Chapter 10. Implied Contract and the Taxonomy of Unjust Enrichment / Duncan Sheehan -- Chapter 11. Contract, Unjust Enrichment and Restitution: the Significance of Classification / Peter Jaffey -- Chapter 12. The Purpose of the Doctrine of Presumed Undue Infuence / Jesse Elvin -- Chapter 13. Awarding Damages for Distress and Loss of Reputation in England and Canada / Jill Poole -- Chapter 14. Specific Performance in the Common and Civil Law: Some Lessons for Harmonisation / Lucinda Miller -- Chapter 15. ‘Compensation’ and ‘Indemnity’ under the Agency Regulations: How the Common Law System Copes with the Invasion of Civilian Concepts / Robert Bradgate and Séverine Saintier -- Index / Paula Giliker.